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(영문) 부산지방법원 동부지원 2013.05.20 2013고정331
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around October 8, 2012, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse operated a male resting room on the first floor of Busan Northern District, B, and opened six computers to store obscene materials on the server computer and set up a theater on the computer screen that is able to be seen by unspecified customers to view obscene materials. The Defendant, on the basis of the computer screen that is able to be seen by unspecified customers, was equipped with a facility that makes it possible for women to view obscene materials if he/she talks with the above theater. The Defendant, who appears to be 10 first half of the file name of “13 years old,” openly screened the child and juvenile pornography of the face where women have sexual intercourse with the male, to unspecified customers. A person who runs an amusement business affecting the operation of the amusement business affecting the public morals of the Act on the Regulation of Amusement Businesses Affecting Public morals, shall not receive obscene cultural, books, motion pictures, sound records, video products, and other obscene materials from a business place to an average of 100,000 won from the above server of 10.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of investigation report (related to sexual PC control), control photographic Acts and subordinate statutes;

1. Article 8 (4) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); Articles 10 (2) and 3 subparag. 3, and (b) of the Act on the Regulation of Amusement Businesses Affecting Public Morals; and selection of fines for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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